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2025 Supreme(Online)(Kar) 38919

THE HIGH COURT OF KARNATAKA
MR. V SRISHANANDA, J
B ALLABAKASH – Appellant
Versus
SRI NAWAB – Respondent


Advocates:
For the Appellants/Petitioners: SRI G S VENKATA SUBBA RAO
For the Respondents: SRI SWAROOP.T FOR SRI M.C.RAVIKUMAR

Table of Content
1. plaintiff's claim of ownership and possession. (Para 3 , 4 , 5 , 6 , 7 , 8)
2. grounds of appeal against trial court decision. (Para 14 , 15 , 19 , 20)
3. judicial notice of parties' arguments. (Para 23 , 24 , 25)
4. discrepancies in deed boundaries don't negate ownership. (Para 26 , 27 , 28 , 29)
5. defendant's acknowledgment of trespass affecting judgment. (Para 32 , 34 , 35 , 46)
6. final judgment decreeing the suit. (Para 48)

ORAL JUDGMENT

Heard Sri G.S. Venkata Subba Rao, learned counsel for the appellant and Sri Swaroop T., appearing for Sri M.C.Ravikumar, learned counsel for respondent.

2. Unsuccessful plaintiff is the appellant, challenging the dismissal of his suit in O.S.No.516/1995.

3. Facts of the case for the disposal of the present appeal in brief or as under:

A suit for declaration and possession came to be filed in respect of the following property by the plaintiff, hereinafter referred to as suit property:

“All that piece and parcel of the immoveable property bearing Khaneshumari No.G-60, measuring 40x30 feet, situated at VIth Cross, Masjid Road, Gangondanahalli, Yeshwanthapur Hobli, Bangalore North Taluk, Bangalore, bounded on the East by : Road, West by :

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